Retroactive Support at 19 in Florida

by Danielle
(Orlando, Florida)

Hello, my husband has a daughter in California (San Diego).

She was born in Puerto Rico but has been living in San Diego with her mom since the child was 17.

My husband and I live in Florida. Him and his ex were never legally married and the child support he has been sending all these years was based on a verbal agreement.

My husband job is not well and he has been sending less money but continues to be threatened by his ex who states she will sue him so he sees himself obligated to pay.

He is concerned that she could sue for retroactive child support and he only has kept a good record of receipts 7 years back.

Is she able to sue for retroactive child support even though the child is now 19?

How far back could she go if able to sue for retroactive at this time. The child is in college part time. Thank You in advance!

Answer to Florida Child Support Question

Dear Danielle,

If your husband has kept good records of support payments to his daughter's mother, I don't think he has anything to worry about.

Because she lives in California, Florida's 2 year limit on child support arrears will not apply.

Under California law, the custodial parent can collect child support retroactively up to three years before the date of the child support application.

Of course, if the payments he made to her were not sufficient under California child support guidelines, there is a chance he may have to pay the difference.

It sounds to me as an empty threat. But if she does go ahead with it, the judge will most likely consider why there was a delay in filing as well as your husband's current ability to pay.

For more information about California child support, see the following pages...

California Child Support Services

California Child Support Information

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